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I need to break my lease. Some of the things that the

Customer Question
I need to break...

I need to break my lease. Some of the things that the landlord said he would fix he has not fixed them. He also stated that we can not get out of our lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Las Vegas, NV My husband is a government contractor and his contract is ending

Lawyer's Assistant: Has any paperwork been filed?

I sent the landlord a 30 day notice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have the emails stating that he would fix the items that have never been fixed.

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/11/2017
Real Estate Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,856
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 1 year ago

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your request for repairs.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 1 year ago
He stated that he would fix the fire pit out back and has not done so. He has now placed the house on the market for sale but thinks I should still pay the rent until it sales. do I have to do so?
Real Estate Lawyer: Loren, Lawyer replied 1 year ago

Do you have a fixed term written lease in effect?

Are you planning on continuing to live there until the sale?

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Customer reply replied 1 year ago
No I will not be staying there
Real Estate Lawyer: Loren, Lawyer replied 1 year ago

Is there a written lease in effect?

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Customer reply replied 1 year ago
there is a written lease
Real Estate Lawyer: Loren, Lawyer replied 1 year ago

When does it expire? Is there any provision for early termination?

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Customer reply replied 1 year ago
june 2018 and no
Customer reply replied 1 year ago
I feel like there is always a way out of things
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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